Amazon.com, Inc. et al v. Personal Web Technologies, LLC et al

Filing 141

ORDER RE: SEPTEMBER 3, 2019 DISCOVERY HEARINGRe: Dkt. Nos. 489, 503, 504 in 5:18-md-02834-BLF (18-cv-767-BLF, Dkt#133), (18-cv-5619, Dkt#46, 47)Joint Statement due by 12pm on 9/9/19. Hearing is set for 9/10/2019 10:00 AM in San Jose, Courtroom 6, 4th Floor before Magistrate Judge Susan van Keulen. Signed by Judge Susan van Keulen on 9/4/19. (cfeS, COURT STAFF) (Filed on 9/4/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE: PERSONALWEB
TECHNOLOGIES, LLC, ET AL. PATENT
LITIGATION

Case No. 18-md-02834-BLF (SVK)
ORDER RE: SEPTEMBER 3, 2019
DISCOVERY HEARING
Re: Dkt. Nos. 489, 503, 504

United States District Court
Northern District of California

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Before the Court are the following joint statements: (1) a motion by Amazon.com, Inc. and
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Amazon Web Services, Inc. (collectively “Amazon”) to compel PersonalWeb Technologies, LLC
and Level 3 Communications, LLC (collectively “PersonalWeb”) to produce documents and

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further interrogatory responses (Dkt. 489); (2) a motion by PersonalWeb to compel Twitch
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Interactive, Inc. (“Twitch”) to produce documents (Dkt. 503); and (3) a motion by PersonalWeb to

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compel Twitch to provide witnesses for deposition under Fed. R. Civ. Procedure 30(b)(6) (Dkt.
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504). The Court reviewed the Parties’ submissions and held a hearing on September 3, 2019. The

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Court addressed these issues from the bench and determined the following:
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By Thursday, September 5, 2019, the Parties are ordered to exchange the items as directed
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by the Court at the hearing and as set forth below. The parties are to promptly meet and confer
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regarding the resolution of all outstanding disputes. The meet and confer session(s) must be either
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in-person or by telephone, and each side must have the participation of at least one person with
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full authority to negotiate and compromise to constructively address the disputes. If the Parties
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are unable to come to an agreement after meeting and conferring, the Parties must submit the
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remaining issues in dispute to the Court in a single joint statement comprised of a chart identifying
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the disputed issue and each Parties’ position by 12:00 p.m. on September 9, 2019. This

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submission should be a word document and should be emailed to the Court at

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[e-mail]. A hearing will be held on September 10, 2019, at 10:00 a.m.;

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counsel must appear in person and with authority to engage in further meet and confer.
The Court ORDERS as follows:

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Dkt. 489: Amazon’s motion to compel interrogatory responses and production of

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documents from PersonalWeb

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This Court denies Amazon’s motion to compel further interrogatory responses as

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overbroad and improperly seeking expert opinion testimony. As for the requests for production,

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by September 5, 2019, Amazon is to identify for PersonalWeb the documents Amazon believes

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PersonalWeb has agreed to produce but has not yet provided. The parties are to meet and confer

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United States District Court
Northern District of California

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and agree upon a date for production. As for requests Nos. 94 and 95 and the common interest

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privilege asserted by PersonalWeb, by September 5, 2019, Amazon is to provide revised requests

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as discussed at the hearing. PersonalWeb will be required to create a privilege log reflecting any

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documents responsive to the revised requests Nos. 94 and 95 for which it is claiming a common

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interest privilege. The parties are to meet and confer regarding the applicability and scope of the

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privilege as it may apply to the revised requests. The parties are to address, inter alia, the volume

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of allegedly privileged documents and the timing of completion of a privilege log by

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PersonalWeb.

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Dkt. 503: PersonalWeb’s motion to compel production of documents from Twitch

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Regarding Bullets 1-4 and 6, by September 5, 2019, PersonalWeb is to create a chart

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identifying (1) the specific information it claims is it has requested but has not yet been produced;

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and (2) at least one but not more than two specific requests for production that purportedly cover

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the subject matter.

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Regarding Bullet 5, by September 5, 2019, Twitch is ordered to confirm the existence of
additional documents as discussed in Court.
Bullet 7 is denied without prejudice only to the extent that PersonalWeb gains a factual
basis for the request through the remaining depositions.
Regarding Bullet 8, the parties agree that all relevant material has been produced.
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As discussed in Court, the parties are to meet and confer regarding the remaining

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production issues and submit any remaining disputes to the Court in the format discussed above.

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Dkt. 504: PersonalWeb’s motion to compel further 30(b)6 testimony from Twitch

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Regarding topic 1(c), if Twitch has made such projections, it is to designate an appropriate

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individual for deposition.
Regarding topic 5(e), Twitch is ordered to designate an appropriate individual who can

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speak to the revenue forecasts during the relevant time period as limited by the September 3, 2019

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hearing. The Court understands the relevant time period to be 2011-2015.

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United States District Court
Northern District of California

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As to topics 7(a) and 7(b), Twitch is ordered to produce Mr. Richards for deposition on
these topics.
SO ORDERED.
Dated: September 4, 2019

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SUSAN VAN KEULEN
United States Magistrate Judge

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